Effective Date: 8 October 2018
- “Ninjaya.com” means Ninjaya.com, Inc. Ninjaya.com may also be referred to as “we”, “us” and “our”.
- When we say Ninjaya.com Sites, we mean https://ninjaya.com and all related services, content, functionality and transactions offered by Ninjaya.com on or through https://ninjaya.com
- “You” or “your” mean users of the Ninjaya.com Sites.
- “Services” means any and all services provided by Ninjaya.com under its name on Ninjaya.com Sites or related to transactions entered into through Ninjaya.com Sites.
- About Ninjaya.com
- Account Registration
- Formation of Contract and Payment
- Shipping and Delivery
- Refunds and Exchanges
- Import Duty and Other Taxes
- Accuracy, Completeness and Timeliness of Information on Ninjaya.com Sites
- Ownership of Rights on Materials and Content on Ninjaya.com Sites
- Materials You Submit
- Access and Use
- Disclaimer of Warranties
- Limitation of Liability
- Application of Japanese Law
- Disputes / Arbitration
- Class Action Waiver
- Account Termination
- Entire Agreement and Admissibility
1: About Ninjaya.com
Ninjaya.com collects niche, hidden and unique Japanese products and makes them available for overseas markets where the products cannot be easily purchased. We sell the products to our customers on the marketplace, while shipping is provided by our respective suppliers from various regions throughout Japan on behalf of Ninjaya.com to the countries specified in the section “4: Shipping and Delivery”.
We also provide various forms of content on several social media platforms (e.g., Instagram and Facebook) as our aspiration is to become an online experiential marketplace which connects Japan with various customers worldwide. The purpose of our activities on the platforms is to help customers immerse in the Japanese experience through our experiential content.
2: Account Registration
While you can make purchases on Ninjaya.com Sites as a guest, we recommend that you register for an account for your future convenience.
When you create an account, you shall ensure and represent that all of your registration information is true and complete, and that you will keep your account information up-to-date.
You shall keep your username and password confidential and access the Ninjaya.com Sites from devices that have up-to-date operating systems and security software.
You shall not allow any third party to use your account or provide, transfer or sell your account to any third party.
You shall be responsible for all purchases made and any activities taken through your account and we shall in no event be liable for damages arising out of inappropriate management, misuse, or use by you or any third party of your account.
3: Formation of Contract and Payment
The amount to be paid by you will be shown on our website immediately prior to the placement of your order. This amount is the total of (i) the price of the products you order and (ii) the shipping fee amount. You will be asked for your payment information before your placement of the order, and an order confirmation will be issued immediately after our system’s confirmation of your successful placement of your order. Notwithstanding the issuance of the order confirmation, the contract between you and Ninjaya.com regarding the order is formed when we accept your order (“Order Acceptance”) following our internal process during which any errors contained in the order are checked.
Payment can be made by PayPal or credit card (Visa, Mastercard, Diners Club, American Express and JCB); the payment will be processed upon our Order Acceptance. Although you can choose to browse Ninjaya.com Sites in currencies other than Japanese yen on Ninjaya.com Sites, please understand that these non-Japanese-yen prices are only for your reference and the actual amount we charge to your PayPal account or credit card is based on Japanese yen (the conversion to your local currency will be made by PayPal or your credit card company).
In case of pricing errors, out-of-stock and other errors occur on Ninjaya.com Sites, we reserve the right not to accept or to cancel any orders with these errors at any time without further obligation to you, including after you receive our order confirmation or Order Acceptance. If this happens, we are very sorry and we will contact you as soon as possible to address any questions or concerns. For the avoidance of doubt, we also reserve the right not to accept or to cancel any orders for any other reasons we consider appropriate at any time without further obligation to you, including after you receive our order confirmation. In any case you will not be charged for orders we do not accept or cancel after acceptance.
Note regarding partial order cancellation due to out-of-stock error for some of your ordered products:
If your order contains products from two or more suppliers and if any out-of-stock error occurs for any product from any of those suppliers (we call the supplier whose product is out-of-stock as “Out-Of-Stock Supplier”), we will cancel the portion of your order in connection with the Out-Of-Stock Supplier (including products which are not out-of-stock but are supplied by the Out-Of-Stock Supplier), unless otherwise agreed between you and us. In other words, you will:
(A) not be charged for products that were actually out of stock;
(B) not be charged for products that were in stock but are from the Out-Of-Stock Supplier, unless otherwise agreed; and
(C) not be charged for shipping fee for products categorized in (A) and (B); but
(D) be charged for the products that were in stock and not from the Out-Of-Stock Supplier and will actually be shipped; and
(E) be charged for the shipping fee for products categorized in (D)
Please note that the adjustment of the payment amount will in principle be done by means of changing the amount we charge on your credit card or your PayPal account. However, if this is not possible for any reason, we reserve the right either to cancel the entire order (including the portion that is not in connection with the Out-Of-Stock Supplier) or to conduct the adjustment by other means, e.g., international bank transfers.
4: Shipping and Delivery
Unless we specify otherwise on the individual product page etc., we ship our products to the countries and areas where Japan Post provides shipping via Express Mail Service (EMS). Please see the entire list of these countries and areas on Japan Post’s website here.
Our primary shipping method is EMS. The shipping fee is calculated on a supplier-by-supplier basis primarily based on the total weight of the products you order, provided, however, that we reserve the right to choose a method we consider reasonable to calculate the shipping fee (for example: (1) we include the approximate weight of the shipping supplies and (2) if the weight of the actual products belonging to a certain Stock Keeping Unit differs from one another due to the nature of such products (handmade etc.), the shipping fee will be calculated based on the expected weight decided by us in a manner we believe reasonable).
The products will be shipped directly from our suppliers who provide their products on the Ninjaya.com marketplace. If your order contains products from more than one supplier, your order will be delivered in multiple packages. Unless we specify otherwise, we coordinate with our suppliers so that the products you order are shipped within 2 business days (business days on Ninjaya.com excluding: national / bank holidays in Japan and any days the supplier whose product you ordered are not in business) after our Order Acceptance. Please note that if your order contains multiple products from the same supplier, the products will be shipped in one package and therefore the shipment will not happen until the last product is ready. We will send you an email notification when the products are shipped.
Title to the products purchased by you on Ninjaya.com Sites (and the related risk of loss on these products) passes to you upon Ninjaya.com ‘s delivery of the products to the shipping carrier designated by us.
The time it takes for you to receive the delivery depends on various factors such as your location and customs procedure. Any indication of the estimated amount of time for the completion of delivery on the Ninjaya.com Sites, whether it is indicated country by country or otherwise, is for your reference only and we do not intend to guarantee or bear responsibility for the estimated time that is indicated.
Please note that it is your responsibility to provide an accurate and full information on shipping address where you can surely receive the products (“Shipping Address Information”) and to actually receive the products with your timely cooperation with the shipping carrier as required. For the avoidance of doubt, Shipping Address Information shall include telephone number, building name, ZIP code, or, in case you wish to receive the products at an office building, any pertinent details such as company name, department name, etc. Ninjaya.com is entitled to duly receive shipping fees and the payment for price of these products and is not required to pay back any of them, if the products are returned to Ninjaya.com for any reason attributable to you, including your failure of receipt of products due to inaccuracy or omission of any of Shipping Address Information or lack of your timely cooperation with the shipping carrier. Please note that we reserve the right to charge you with additional shipping fees when we re-ship you the products after they are returned to Ninjaya.com for any reason.
We strongly recommend you to provide the shipping address in the English language. We reserve the right to not accept your order or to contact you to request a shipping address in the English language as a condition to accept your order, if the shipping address you provided upon your order is in a language other than the English language.
5: Refunds and Exchanges
You shall not be entitled to make a cancellation of your order, to request us to refund your payment or to request us to accept returns and exchanges of the products you purchase. We would like you to understand that this policy is in consideration of the logistical difficulties pertaining to the cross-border handling of returns and exchanges.
Although we may offer, in our “How to Shop” webpage or otherwise, refunds or exchange or replacement of products in exceptional occasions, these treatments are offered by us merely on a voluntarily basis and its implementation is subject to certain conditions and at our sole discretion. For the avoidance of doubt, such offer do not constitute any exceptions to the policy described in the paragraph above.
6: Import Duty and Other Taxes
Note that your order may be subject to import duty and other taxes, in addition to the payment made to Ninjaya.com; for certain products we may, without obligation and on a voluntary basis, provide an estimated amount of the duty and taxes and indicate it to you prior to your order placement. This estimated amount is only for your reference and we do not intend to guarantee or bear responsibility for the estimated amount that is indicated.
The conditions described below apply to your use and redemption of promotional vouchers or voucher codes:
- In order to use the vouchers, voucher codes must be entered at the shopping cart page on https://ninjaya.com prior to proceeding to checkout
- Voucher validity may be limited by additional conditions specified on Ninjaya.com Sites, including, without limitation, expiration date or upper limit in the number of customers who are eligible to use the voucher
- Ninjaya.com reserves the right to cancel or modify orders or revoke the use of voucher code if the vouchers were used in circumstances we consider inappropriate (e.g., suspicious or fraudulent voucher use, vouchers redeemed using multiple accounts or multiple checkouts associated with the same customer or group of customers and voucher used in bad faith such as resold vouchers)
- Returns or refunds of vouchers will not be allowed
- Vouchers cannot be exchanged for cash
- Ninjaya.com has no obligation for payment of any tax in conjunction with the distribution or use of any voucher
- Vouchers are void if restricted or prohibited by law
Ninjaya.com may at its discretion (e.g., as part of marketing campaigns) grant Points to selected customers. These Points can be used to pay for (i) the price of the ordered products and (ii) the shipping fee amount upon checkout (in this context, one Point shall be calculated as one Japanese yen). Points are valid for a duration of one year after being granted, provided, however that Ninjaya.com can revoke the points prior to the said duration if it considers appropriate, such as when we observe suspicious or fraudulent use or obtainment of Points.
9: Accuracy, Completeness and Timeliness of Information on Ninjaya.com Sites
Ninjaya.com Sites contain various types of information, including information provided by our suppliers as well as information gathered and customized by us based on or in connection with information provided by our suppliers and publicly available information. As for product information on the Ninjaya.com Sites, we do not guarantee any aspect (such as accuracy, completeness and timeliness) of such information. The product information on the Ninjaya.com Sites is strictly for reference purposes only. Before you act based on information you find on the Ninjaya.com Sites, you must independently confirm any facts about the item(s) that are important to your decision.
Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine:
No information on the Ninjaya.com Sites, e.g., health, medical, wellness, fitness, prescription and pharmaceutical information, should substitute the diagnosis, treatment or advice you would seek from your medical professional. The Ninjaya.com Sites do not include all information regarding precautions, dosage information or potential side effects. We recommend that you independently seek advice from your medical professional at your discretion regarding the products you order.
11: Ownership of Rights on Materials and Content on Ninjaya.com Sites
All rights, such as Intellectual Property Rights, on materials and content on the Ninjaya.com Sites, including logo and pictures and explanation of products, is owned by Ninjaya.com, its suppliers or any relevant licensors, and may be protected by copyright, trademark and other applicable laws.
Our acceptance of your access to and use of the Ninjaya.com Sites shall not be construed as granting you any right or license to use any trademark, logo etc. shown on Ninjaya.com Sites or to use materials and content on Ninjaya.com Sites. Ninjaya.com, its suppliers or any relevant licensors reserve all rights on the materials and content on the Ninjaya.com Sites. Ninjaya.com neither warrants nor represents that your use of materials and content on the Ninjaya.com Sites will not infringe rights of third parties.
You may access Ninjaya.com Sites only for your personal use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the materials and content you access.
Any other use of the materials and content on the Ninjaya.com Sites, including modification, distribution, publication or sale of, or the creation of derivative materials from, any materials and content obtained from the Ninjaya.com Sites, is expressly prohibited. You agree with all additional restrictions shown on Ninjaya.com Sites.
12: Materials You Submit
You are responsible for all materials you submit to Ninjaya.com via Ninjaya.com Sites or any other means of electronic communication (e.g., email messages, product review and comments or other communications sent to us on social media platforms). You are therefore responsible for the legality, accuracy, appropriateness copyright etc. of any material you submit.
You agree not to submit content that:
- infringes or violates anyone else’s patent, copyright, trademark or other intellectual property rights;
- is unlawful or encourages illegal activities or any breach or violation of a right held by third parties;
- is fraudulent, false or deceptive;
- is defamatory, obscene or offensive;
- promotes discrimination, harassment or harm against anyone;
- is violent or promotes violence against anyone;
- is violent threatening to anyone;
- is intended to harm or otherwise interfere with Ninjaya.com Sites or our partners (including our suppliers); or
- may be considered a third party’s information which is confidential in nature
13: Access and Use
When accessing and using Ninjaya.com Sites, you agree that you will not:
- engage in conduct or behavior fraudulent or otherwise harmful to Ninjaya.com, our partners (including our suppliers) or any other user;
- show to others, mirror, or frame the Ninjaya.com Sites or any part of Ninjaya.com Sites;
- access the parts of Ninjaya.com Sites from which we have prohibited access;
- circumvent any rules or terms set forth on the Ninjaya.com Sites;
- access, tamper with or use non-public areas of the Ninjaya.com Sites, Ninjaya.com’s computer systems or the technical delivery systems of Ninjaya.com or Ninjaya.com’s providers;
- probe, scan or test the vulnerability of any Ninjaya.com Sites or breach any security or authentication measures;
- interfere with the access of any user, host or network;
- avoid, bypass, impair or otherwise circumvent any technological method intended to protect, limit access to or control Ninjaya.com Sites;
- decipher, decompile or reverse engineer any of the software used on or in relation to Ninjaya.com Sites;
- actively gather any personally identifiable information from users of the Ninjaya.com Sites or use any such information found on the Ninjaya.com Sites;
- misrepresent your identity or affiliation with any person or entity;
- access or use Ninjaya.com Sites to seek any information about the account that is not yours;
- send any unsolicited or unauthorized advertising, email or other forms of solicitation;
- use any meta tags or other hidden text or metadata utilizing a Ninjaya.com trademark, logo, URL or product name without Ninjaya.com’s express written consent;
If you try to access or otherwise use the Ninjaya.com Sites in any manner other than through a generally available third-party web browser meeting the conditions described in the paragraph above or if you disregard our robots.txt files, if any, you agree that such action shall constitute your immediate and permanent permission for Ninjaya.com to access, search or otherwise use any websites that you or your affiliates own, operate or control, through any tool or mechanism that Ninjaya.com considers appropriate.
If you are accessing Ninjaya.com Sites as an agent, you acknowledge that you are extending the immediate and permanent permission described above on behalf of your principal, and you represent that you have the authority from such principal to extend the aforementioned permission.
If you are accessing the Ninjaya.com Sites as a principal, you authorize your agent to extend on your behalf the immediate and permanent permission described above, and you acknowledge that your immediate and permanent permission will bind any and all of your agents.
14: Disclaimer of Warranties
The Ninjaya.com Sites, as well as all information and content included on or otherwise provided to you through Ninjaya.com Sites are provided on an as-is basis.
We disclaim to the fullest extent permitted by law all warranties of any kind. The warranties we disclaim include, without any limitation:
- the implied warranties of fitness for a particular purpose;
- that access to the Ninjaya.com Sites will be uninterrupted or error-free;
- that the Ninjaya.com Sites will be secure;
- that the Ninjaya.com Sites or the servers that make the Ninjaya.com Sites available will be virus-free; and
- that the products listed on the Ninjaya.com Sites (and the specific characteristics thereof) abide by the related requirements of the laws and regulations of the country or region in which you reside
You acknowledge and agree that, to the fullest extent permitted by applicable law, you assume full responsibility for your use of the Ninjaya.com sites and that any information you send or receive during your use of the Ninjaya.com sites may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, Ninjaya.com is not responsible for any loss or damage to your property or data that results from any materials you access or download from the Ninjaya.com sites.
Note that this disclaimer does not apply to any product warranty made to you by the manufacturer of the product.
15: Limitation of Liability
You acknowledge and agree that, to the fullest extent permitted by law, neither Ninjaya.com, Ninjaya.com’s employees, directors, or investors, nor its suppliers, partners or third party content providers will be liable for any direct or indirect damages in any way related to:
- the Ninjaya.com Sites, or any other sites you access through a link provided on Ninjaya.com Sites;
- any actions we take or do not take following communications you send to us;
- any delay on or inability to use the Ninjaya.com Sites or any information, products or services advertised on or obtained through the Ninjaya.com Sites;
- Ninjaya.com’s removal or deletion of any materials on the Ninjaya.com Sites, or;
- consequences otherwise arising out of your use of the Ninjaya.com Sites
This disclaimer shall apply in each of the cases described in the previous bullets, whether based on contract or otherwise, even if Ninjaya.com, its suppliers, partners or third party content providers, or any other person was advised of the possibility of damages.
This disclaimer shall apply, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, any theft, destruction, unauthorized access to, alteration of, loss or use of, any record or data and any other tangible or intangible loss.
You specifically acknowledge and agree that neither Ninjaya.com nor its suppliers or partners shall be liable for any defamatory, offensive or illegal conduct of any users of the Ninjaya.com Sites.
17: Application of Japanese Law
Ninjaya.com Sites are operated in Japan in line with the Japanese law. You agree that the Japanese law applies to all aspects in relation to Ninjaya.com’s and Ninjaya.com Sites’ relationship to you, e.g., with respect to your purchase of products on Ninjaya.com Sites, the Japanese law shall apply and, for the avoidance of doubt, the place of your purchase of products on Ninjaya.com Sites shall be in Japan. Furtheremore, any and all disputes, claims and controversies arising out of or relating to the Ninjaya.com Sites, including the sale of products, content, services or technology, on or used through the Ninjaya.com Sites, shall be governed by and construed exclusively in accordance with the Japanese law.
18: Disputes / Arbitration
By using Ninjaya.com Sites, you agree to resolve any Dispute with Ninjaya.com through binding arbitration in Tokyo and not in court.
19: Class Action Waiver
Ninjaya.com and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated or representative proceeding. In addition, Ninjaya.com and you agree to not participate in any consolidated, class or representative proceeding (existing or future) brought by any third party arising out of or in relation to any Dispute with a third party.
20: Account Termination
We reserve the right to terminate, close, restrict, or reduce the access of your account at any time without notice to you when:
- we find your registered information is not correct or incomplete;
- we believe you are using Ninjaya.com Sites in a manner we consider inappropriate.
Our termination and closure of your account or the restriction or reduction of your access to Ninjaya.com Sites will not affect any other right or relief to which we are and will be entitled.
21: Entire Agreement and Admissibility
The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) shall not apply.